News
May 7, 2008
Cabell magistrate fights suspension

A longtime Cabell County magistrate accused of sexually harassing women at the courthouse is fighting his suspension by the state Supreme Court.

In March, the high court suspended Magistrate Alvie Qualls with pay after a nine-member panel appointed by the Judicial Investigation Commission recommended his removal from the bench.

The panel found Qualls had made lewd remarks and inappropriate sexually demeaning comments and questioned his fitness to serve.

Qualls, who has denied the allegations of sexual harassment, immediately objected to the panel's findings and requested a hearing in front of the state Supreme Court. A hearing has been scheduled for May 21.

According to a brief filed with the court on behalf of the panel, five women testified at a hearing in February that Qualls made inappropriate sexual comments to them at the courthouse.

One witness testified that Qualls told her that he would need "a gallon of Viagra to keep up with her," the brief states. He also told her that when he used to work as a constable, women who couldn't pay for tickets would get out of them by performing oral sex on him, according to the brief.

Qualls, who has had a stroke and been treated for congestive heart failure, lived in the courthouse briefly in March after he was released from a rehabilitation hospital, the brief states.

"He came to his office and lived in it from that Tuesday through Friday when one of the circuit judges made him leave the building," the brief states. "He had not bathed during that time and wore the same clothes for several days.

"The hearing board also found by clear and convincing evidence that [Qualls], who is 78 years old, has attendant physical and mental capacity problems," the brief reads.

The brief refers to a letter from Qualls' doctor, which was presented as evidence in support of Qualls' effort to postpone an earlier hearing. The letter referred to Qualls' physical weakness - with the doctor questioning whether Qualls could withstand the physical strains of a trial on the harassment allegations - and his questionable mental capacity.

Qualls has served as a magistrate for roughly two decades and is running for re-election.

To contact staff writer Andrew Clevenger, use e-mail or call 348-1723.

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